IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 31215 of 2008(N)
1. PADMINI.S, PART TIME CASUAL SWEEPER,
... Petitioner
Vs
1. STATE OF KERALA,REPRESENTED BY
... Respondent
2. THE DISTRICT COLLECTOR,
3. THE TAHASILDAR, TALUK OFFICE,
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :07/11/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.31215 of 2008
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Dated this the 7th November, 2008.
J U D G M E N T
Heard Sri.Kaleeswaram Raj, the learned counsel
appearing for the petitioner and Smt.Anu Sivaraman, the learned
Government Pleader appearing for the respondents.
2. The petitioner is a part time casual sweeper
working in the Taluk Office at Nedumangad. She claims that she
has been in service for the past several years. The petitioner
had earlier filed W.P.(C) No.32799 of 2003 in this Court claiming
salary and other benefits in terms of the Government orders then
prevailing. By Ext.P1 judgment delivered on 20.10.2003, this
Court directed the respondents to pay salary and allowances to
the petitioner at the applicable rates, after ascertaining whether
the sweeping area exceeds 100 square meters. The petitioner’s
grievance is that though the sweeping area exceeds 100 square
W.P.(C) No.31215 of 2008
2
meters and by Ext.P5 Government order, she became entitled
for regularisation, notwithstanding her application and the steps
taken by respondents 2 and 3 in the matter, her service has not
so far been regularised. In this writ petition, the petitioner prays
for a writ in the nature of mandamus directing the respondents
to take a decision in the matter of regularisation of her service.
3. The learned Government Pleader, on
instructions, submits that it is for the Government to take a final
decision in the matter and that the Government will take a
decision in consultation with respondents 2 and 3, in accordance
with the stipulations in Ext.P5 Government order, at the earliest.
Having regard to the fact that the petitioner has
been in service for the past several years and the directions
issued by this Court in Ext.P1 judgment, I dispose of the Writ
Petition with a direction to the first respondent to consider the
question of regularisation of the petitioner in service and take a
decision thereon, in consultation with respondents 2 and 3. Final
W.P.(C) No.31215 of 2008
3
orders in the matter shall be passed within four months from the
date of receipt of a copy of this judgment.
P.N.RAVINDRAN,
JUDGE
nj.